(A) Within 60 days after the conclusion of the public hearing, the appropriate Fire Department Chief, the County D.E.S. Coordinator and the Director of the FIVCO District Health Department shall review the application for a site approval permit together with any comments or information received during the public comment period, and any other information deemed appropriate, and each such agency shall make a recommendation to the Fiscal Court regarding the issuance or denial of the site approval facility.
(B) Within 30 days following receipt of the agency recommendations, the Fiscal Court of the county shall make final determination whether to issue or deny the site approval permit.
(C) The Fiscal Court shall issue the application for site approval if it finds on the basis of the information available to it that:
(1) The nature of the solid waste management activity conducted as the facility site will not present an unreasonable risk to public health or safety; and
(2) The nature of the solid waste management activity conducted at the facility site would not significantly impede or adversely impact the provision of fire, health and other emergency services to the public both in the vicinity of the proposed site and throughout the county; and
(3) The nature of the solid waste activity conducted as the facility site would not result in a significant reduction in the public use and enjoyment of parks, recreational waters, historic structures, cultural and natural resources located in the vicinity of the proposed site; and
(4) That the facility and the solid waste activity occurring on the site will not have a significant adverse impact on the establishment of businesses, residential developments, churches, schools or other types of activities related to the social, economic, and cultural development of the county; and
(5) The owner/operators prior experience and history in solid waste activities indicates reasonably satisfactory record of compliance with applicable federal, state, local laws and regulations and based upon such prior record it can be reasonably expected that the owner/operator will, in constructing, expanding, maintaining or operating the facility at the proposed site, maintain a corresponding satisfactory record of compliance with applicable laws and regulations; and
(6) The owner or operator has sufficient financial resources to complete construction of the new or expanded facility, to maintain and operate the facility in compliance with applicable laws and regulations, to respond immediately in the event of emergency by reason of accident or upset at the site and to complete closure of the facility in accordance with federal and state laws and regulations; and
(7) The owner or operator has complied with all solid waste management laws and regulations concerning solid waste facility permits, filings and/or notifications required by the state or federal regulatory authority; and
(8) The application is consistent with the goals and objectives of the five county solid waste plan adopted; and
(9) The required financial responsibility for closure has been established by posting a bond or establishing an escrow account in a minimum amount of $10,000 or greater if so determined by an approved closure plan and cost estimate. The approved cost estimate for closure and will be adjusted at least once every five years.
(D) Notification. The Fiscal Court shall send written notification of its determination with respect to the site approval permit application to the owner or operator and to all persons who submitted written or oral comments during the public comment period. Such notifications shall include a written summary of the basis for the determination.
(E) Coordination with other laws. The Fiscal Court shall, to the extent possible or as may be required, coordinate its review of applications for site approval under this chapter with the exercise of authority conferred upon it pursuant to any state or federal laws.
(Ord. 2024-830.1, passed 5-23-2024)